Search: Complementarity SAIF GADDAFI

...Statute, “so long as contribution had been agreed upon by the relevant group acting with a common purpose and the suspect prior to the perpetration of the crime.” Hence, liability could also accrue to those who agreed to the cover-up of crimes before they were committed. The possibility of communications cuts as a mode of cover-up is explicitly considered in Gaddafi, and this line of reasoning is likely relevant in the case of Myanmar as well. Courts have made clear that liability under section 25(3)(d) of the Rome Statute does...

...illicit activity, rather than as a funding stream for victims. Moreover, like Gaddafi and Libyan assets over a decade ago, hundreds of billions of Russian wealth helped to lubricate financial centres like London, despite security warnings that compromised more robust Western pushback against Putin. With regards to the second issue of victim eligibility, which individuals and groups will be able to access such assets if they are liquidated? In recent weeks the US has split $7 billion of Afghan assets in its jurisdiction after the Taliban took power, with half...

...In Egypt, the occupation of Tahrir Square led to the fall of Hosni Mubarak, while in Libya, civil war ended in the capture and assassination of Muammar Gaddafi. Not long after, protests spread far beyond the Arab world. In Kyiv, thousands filled Maidan Square to oppose President Viktor Yanukovych’s decision to suspend an EU Association Agreement in favour of closer ties with Russia, triggering the pro-European Euromaidan movement. In the West, discontent took other forms. The Occupy Wall Street movement denounced growing inequality, corporate influence, and political unaccountability in the...

Syrian troops are battling rebels around Damascus, trying to halt their advance on the capital. The ICC has demanded the extradition of Libya’s Abdullah al-Senussi to The Hague to face charges of crimes against humanity under Gaddafi’s regime. A UN survey has found that more than $3.9 billion was paid out in bribes in Afghanistan in 2012, amounting to more than double the nation’s domestic revenue. President Obama’s nominee for the director of the CIA, John Brennan, was questioned heavily yesterday during Senate confirmation hearings about drones and torture. As...

...Compared to other instances of allegations against a Head of State, the time between Min Aung Hlaing’s warrant application and issuance is the lengthiest thus far. The issuing of arrest warrants against Putin and Duterte took less than a month, whereas warrants against Gaddafi and Netanyahu took one month and six months respectively. The wait for a warrant for al-Bashir had previously been the longest (eight months). Historically, international criminal prosecution of Heads of State faced significant setbacks. Efforts following the First World War to prosecute the Ottoman Grand Vizier...

...approach to hate speech is not a prerequisite to functioning democracy. On the contrary, our European friends would argue that democracy is better served by banning such material. Either way, our exceptionalism on this score doesn’t serve us very well. This isn’t any sort of apology for the killing (especially ugly given Stevens’ dedication to the rebel effort against the Gaddafi regime). In the first instance, it’s a recognition of international realities: do we want to take hits like this so that films like that can be made? In the...

...sea, something that has led to the kind of tragedy described above by 28-year-old Emmanuel. In 2014-2018, Human Rights Watch reported that Italy and the EU committed at least 12 million euros to the migration detention centres despite numerous reports of grave human rights violations. Arrangements of this nature reportedly date back to the Gaddafi era, an endeavour the Global Detention Project described as a  ”multi-million-Euro ‘migration management’ project”. Detention centres are not the solution, let alone in the way in which they currently operate. The fact that Carola Rackete’s...

...Amendment protection in the United States, and why President Obama couldn’t block the film, even if he wanted to. ECOWAS is gearing up for a tough fight in Mali against Islamist militants in the north of the country. The UN has urged Libya to institute a transitional justice strategy to rebuild and reshape a country influenced by decades of dictatorial rule under Muammar Gaddafi. After the recent meeting with President Morsy of Egypt, Foreign Policy showcases Sudan’s President, Omar Al-Bashir, as the most mobile accused war criminal in the world....

...agrees to unrestricted international oversight over its nuclear facilities. Nicolas Sarkozy’s re-election campaign has been rocked by allegations that his 2007 presidential campaign received financial support from Gaddafi. In an exclusive interview with the Guardian, Dominique Strauss-Kahn explains why he thinks that the public fallout from last year’s Sofitel scandal was orchestrated by his political opponents. In response, President Sarkozy has challenged DSK to take his complaints to court. Mali’s military leaders have rejected ECOWAS’ transition plan and Human Rights Watch is alleging the commission of war crimes by Northern...

...Gaddafi’s forces. In the latest statement on Syria, “responsibility” is notably absent. There is no mention of the 93,000 people killed in the conflict. Rather, the Administration’s statement focuses on the fuzzy “red line” of chemical weapons, not the humanitarian nightmare of the ongoing fighting. Action in Syria will depend, the statement made clear, on the Administration’s assessment of the threat and its appropriate response: “[W]e will make decisions on our own timeline. Any future action we take will be consistent with our national interest, and must advance our objectives….”...

...since the uprising against Gaddafi and Kosovo marking five years of independence. Arusha has given a plot of land to the International Criminal Court for it to build the African Chapter of the International Criminal Court, in a bid to attract international organisations and temper the impact of the ICTR’s depature. The Russian Foreign Affairs Minister has finally returned the call to John Kerry, after keeping him waiting for six days to discuss Syria and North Korea’s recent nuclear test. Venezuela’s Foreign Minister has stated that they are willing to...

This week on Opinio Juris, Kevin accused the ICC of fiddling while Libya burns, and relayed news in the Libyan press that Al-Senussi’s and Gaddafi’s trial will start mid-April. He also analysed whether Luis Moreno-Ocampo’s possible representation of LRA victims at the ICC would amount to a conflict of interest. Roger followed up on his earlier post about using trade remedies to enforce arbitration awards to argue that these remedies are WTO compliant. Kristen discussed sanctions against Russia and Julian asked whether the US’ spying on Huawei violates international law....